Australian Capital Territory

PUBLIC ACCESS TO GOVERNMENT CONTRACTS AMENDMENT BILL 2002

Explanatory Memorandum

OVERVIEW OF BILL

The Public Access to Government Contracts Amendment Bill:

a)	confirms the responsibilities of Chief Executive Officers to put in place appropriate measures to ensure compliance with the requirements of the Act; and 
b)	specifies agency reporting requirements under the Act.

OUTLINE OF PROVISIONS

PART 1 
Section 1 Name of Act explains that this Act is the Public Access to Government Contracts Amendment Act 2002.

Section 2 Commencement explains that this Act commences on the day after its notification day.

Section 3 Act amended explains that this Act amends the Public Access to Government Contracts Act 2000.

PART 2 

Section 8A - List of contracts or statement explains that within 14 days after the end of each 6 month period, a government agency must give the auditor-general either—
(a)	a list of all contracts containing a confidentiality clause entered into by the agency during the 6 month period; or

(b) a statement that the agency did not enter into a contract containing a confidentiality clause during the 6 month period.

Section 8B - Chief executive officers must ensure compliance provides that each chief executive officer of a government agency must ensure that the agency complies with this Act.  In this section: chief executive officer of a government agency includes—

(a) for an administrative unit—the person employed under the Public Sector Management Act 1994, section 28 (Engagement) or section 30 (Temporary performance of duties) to perform the duties of the office of chief executive of the unit; and  

Note: Administrative unit is defined in the Legislation Act 2001, dictionary, pt 1. 

(b) for a Territory instrumentality—the person responsible for managing the instrumentality.

Section 8C Application of sections 8A and 8B explains that chief executive officers must provide either a list of contracts or statements for the first 6 month period and each subsequent 6 month period after that.  The first 6 month period means the period from 22 December 2002 to 21 June 2003.

Schedule 1 Technical amendments

Clause [1.1] Section 3, definition of government agency, inserts a new note that explains that the definition of the terms Territory instrumentality and Territory owned corporation can be found in the Legislation Act 2001, dictionary, pt 1.

Clause [1.2] Section 3, definition of Territory owned corporation has been omitted because the term is now defined in the Legislation Act 2001, dictionary, pt 1.

Endnotes- Republications of amended laws explains that the latest republication of amended laws, see www.legislation.act.gov.au.